Parliamentary Proceedings To Remove Judges Hlophe And MotataImage Credits : GCIS
Judge John Hlophe during the JSC hearings. Image Credits : GCIS

In terms of Section 177 of the Constitution,  a judge may only be removed if the Judicial Service Commission finds – through a tribunal inquiry – that they suffer from incapacity, are guilty of gross misconduct, and/or is grossly incompetent. The National Assembly will then debate the JSC’s findings and vote on the removal of either one or both judges. A two-thirds (or 267 of 400 MPs) majority resolution is required to remove a judge from office, and the president must carry it out.

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